On July 7, 2015, the Commission issued a notice calling for comments on a Petition for Rulemaking filed by the American Wind Energy Association (“AWEA”) on June 19, 2015 in Docket No. RM15-21-000. In its petition, AWEA requested that the Commission initiate a rulemaking to significantly amend...

By David E. Northrop
The Ohio Department of Natural Resources (ODNR), Division of Oil and Gas Resources Management has adopted rules requiring the approval of plans for horizontal well sites prior to the construction or material modification of the sites. The rules, codified at OAC 1501:9-2-01, 1501...

On July 13, 2015, the United States Court of Appeals for the 10th Circuit (“10th Circuit”) upheld the State of Colorado’s renewable portfolio standard (“RPS”) as valid under the dormant commerce clause. In doing so, the 10th Circuit held that the RPS (1) was not a price...

Despite scepticism around climate change in certain countries in the region, we continue to see growing investment in renewable energy and carbon reduction technologies across the Asia Pacific. Our current mandates include renewable energy projects across the renewable spectrum - solar, wind, biofuels...

By Michael K. Reer
The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) recently released a report entitled, “ Enhanced EPA Oversight and Action Can Further Protect Water Resources From the Potential Impacts of Hydraulic Fracturing .” The report evaluates how...

This project afforded the FERC with its first opportunity to make a jurisdictional determination concerning an ocean-going Floating Storage and Regasification Unit. |
On July 24, 2015, the Federal Energy Regulatory Commission (FERC) issued its authorization pursuant to Section 3 of the Natural Gas...

By Matthew L. Lambach |
In the case titled Mason v. Range Res.-Appalachia LLC (2015 U.S. Dist. LEXIS 97471), the United States District Court for the Western District of Pennsylvania recently held that a 1961 oil and gas lease remained in effect pursuant to the terms of the lease [ enhanced opinion...

On July 28, 2012, FERC’s Office of Energy Projects (“OEP”) released a 32-page manual titled “Suggested Best Practices for Industry Outreach Programs to Stakeholders” (“Manual”). In doing so, OEP states that the purpose of the Manual is to identify best practices...

On July 27, 2015, FERC released its 2015 version of the Energy Primer: A Handbook of Energy Market Basics (“Energy Primer”). The Energy Primer was developed by staff from the Division of Energy Market Oversight within FERC’s Office of Enforcement. First released in 2012, the Energy...

On July 22, 2015, the Commission determined that demand response and energy efficiency resources should be able to participate in two PJM Interconnection LLC (“PJM”) transition auctions created to implement a new capacity product called Capacity Performance Resources. The Commission found...

By Stephen L. Miller
On August 3, 2015, President Obama and EPA Administrator McCarthy released the agency’s Clean Power Plan , regulations designed to significantly reduce CO 2 emissions from power plants, as well as promoting low-emitting power sources and energy efficiency. These sweeping...

President Obama and the U.S. Environmental Protection Agency (EPA) today announced the issuance of the long-anticipated Federal Clean Power Plan, which regulates emission to the atmosphere of carbon dioxide (CO 2 ) from existing fossil fuel-fired electric steam generating units and natural gas-fired...

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
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President Obama reveals Clean Power Plan. Calling it the “single most important step that America has ever made in the fight...

New York and Connecticut recently joined at least 13 other states, including Hawai’i and Maryland, in establishing measures that could significantly expand access to renewable energy generation in those states through community-based renewable energy programs. Because certain federal tax credits...

COLUMBUS, Ohio — (Mealey’s) A divided Ohio Supreme Court on Sept. 16 denied a writ of mandamus sought by residents who wanted to compel the Ohio secretary of State to reverse his decision and place on the November ballots for three counties charter measures that would allow voters to pass...

By statute, New York state utilities are required to offer net metering of electricity to generators of certain renewable energy resources, depending on the size of the project. Net metering means that, to the extent that there is surplus energy that is not used by the utility customer on behalf of whom...

By Brittany A. Roof
As reported by Oil and Gas Investor , Rice Midstream Holdings, LLC, a subsidiary of Rice Energy Inc., and Gulfport Energy Corporation have teamed up to build a pipeline gathering and water line system in Ohio’s Utica Shale. Over the next six years, the companies plan to spend...

On September 30, 2015, the U.S. District Court for the District of Wyoming (“District Court”) granted motions for preliminary injunction filed by various states, tribes, and industry members (“Petitioners”) seeking to enjoin the Bureau of Land Management (“BLM”) from...

By Nikolas E. Tysiak
According to the Washington Observer-Reporter , a formal application for the Mountain Valley Pipeline was filed with the Federal Energy Regulatory Commission (“FERC”) last week. The pipeline will extend 301 miles and connect the shale gas fields of northwestern West...

By Alana E. Fortna
On October 14, 2015, the United States District Court for the Western District of Pennsylvania invalidated several provisions of a Grant Township, Indiana County, Pennsylvania local ordinance that was intended to prevent an oil and gas operator from operating an injection well that...